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Impact of Remarriage or Other Children on Child Support
In cases of remarriage or having other children, the child's need is the one relevant factor in determining support.
What other factors may be considered?
Again, the child’s needs are paramount but other factors include the social problems surrounding one sibling having more than others, the relationship with the non-custodial parent, and the extent to which payments by the non-custodial parent actually benefit those who are not directly entitled to the support benefit.
Can child support payments be reduced if the custodial parent uses the money for other children or is receiving welfare?
Child support may not be reduced below the statutory minimum based solely on the fact that the custodial parent supports other persons not entitled to support by the non-custodial parent, or the custodial parent is receiving welfare.
Can child support payments be reduced if the custodial parent remarries?
If the custodial parent remarries a spouse with substantial means, it may decrease the amount of child support payments required of the non-custodial parent.
If the non-custodial supporting parent remarries or has other children, can payments be reduced?
A remarriage or new children by the supporting parent generally will not result in a decrease in child support. Courts generally decide that undertaking new family obligations does not lessen the duty of a parent to provide for his or her family by a previous marriage. Rather, payments can actually be increased if the new spouse’s financial resources are substantial.
If you have any questions about Illinois child support laws please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you.
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